Required Disclosures and Diagnostics (DDT) in France

In France, transparency is critical when signing a rental agreement. Governed by the Loi n° 89-462 du 6 juillet 1989 (effective 8 July 1989), specifically Article 3-3, the landlord is legally required to provide the tenant with a detailed set of documents grouped under the Technical Diagnostic File (Dossier de Diagnostic Technique, DDT). This file, which must be compiled by a government-certified professional, informs the future tenant about the property's health, safety, and energy consumption.

Mandatory Diagnostics (The DDT)

1. Energy Performance Certificate (DPE)

Currently the most impactful document in French real estate. It rates the property's energy consumption and greenhouse gas emissions on a scale from A to G (Codified in Art. L126-26 of the Construction and Habitation Code).

• Validity: 10 years. Note: All DPEs performed before July 1, 2021, are now expired (as of Dec 31, 2024). Only DPEs issued after July 1, 2021, remain valid.
• Climate Law Impact: Under the Climate and Resilience Law, G-rated properties are banned from new rentals/renewals as of Jan 1, 2025; F-rated will be banned as of Jan 1, 2028. Rent is also strictly frozen for F and G-rated properties ("passoires thermiques").

2. Lead Exposure Risk Statement (CREP) Mandatory only if the building's construction permit was issued before January 1, 1949. - Highlights the presence of lead-based paint to prevent childhood lead poisoning (Public Health Code Art. L1334-5).

• Validity: 6 years if lead is detected above 1mg/cm²; unlimited if negative (Art. L1334-5, Public Health Code).

3. State of Risks and Pollution (ERP)

Informs the tenant if the property is in an area subject to technological, mining, or natural risks (earthquakes, floods, coastal erosion) or exposed to radon gas (Art. L125-5 of the Environment Code).

• Validity: 6 months (Art. L125-5, Environment Code).

4. Indoor Electrical Installation State

Mandatory if the property's electrical wiring is over 15 years old. - Identifies potential fire or safety risks for the tenant.

• Validity: 6 years (Art. L134-7, CCH).

5. Indoor Gas Installation State

Mandatory if the property has a fixed gas installation over 15 years old (even if it's currently shut off but piping exists).

• Validity: 6 years (Art. L134-7, CCH).

6. Noise Diagnostic (ENSA) Required if the property is located in an airport noise exposure zone (PEB).

• Validity: 6 months (Art. L112-11, Urban Planning Code).

7. Asbestos State (DAPP) For buildings permitted before July 1997, the landlord must keep an asbestos diagnostic available for the tenant, though it is not strictly required to be attached to the lease (Art. R1334-29-5, Public Health Code).

Penalties for Missing or False DDTs

If the entire DDT is not provided on the day of signing, or if it is intentionally falsified: - The tenant can launch a court case to have the lease completely annulled for fraud (dol). - The tenant may demand a substantial reduction in rent. - If lead poisoning occurs, or a fatal fire is caused by an unreported electrical fault, the landlord faces criminal liability (reckless endangerment/manslaughter) with potential prison time under the Penal Code.

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